HomeMy WebLinkAboutR-18-0465City of Miami
Legislation
Resolution: R-18-0465
File Number: 4637
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 10/11/2018
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
GRANTING THE APPEAL FILED BY NE APARTMENTS ASSOCIATES, INC.
("APPELLANT") AND REVERSING THE DECISION OF THE MIAMI HISTORIC
AND ENVIRONMENTAL PRESERVATION BOARD'S APPROVAL, PURSUANT
TO SECTION 23-4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, FOR THE FINAL EVALUATION OF LOCAL DESIGNATION AS A
HISTORIC RESOURCE OF THE PROPERTY LOCATED AT APPROXIMATELY
3859 WASHINGTON AVENUE, MIAMI, FLORIDA, WITH THE FOLIO NUMBER
0141200070210.
WHEREAS, on July 16, 2018, the Historic and Environmental Preservation Board
("HEPB"), at a duly noticed public hearing, considered Item No. HEPB.1, pursuant to Section
23-4 of the Code of the City of Miami, Florida, as amended ("City Code"), the final evaluation of
local designation as a historic resource, for the property located at approximately 3859
Washington Avenue, Miami, Florida, with the folio number 0141200070210 ("Property"), and
adopted Resolution No. HEPB-R-18-050 by a vote of seven to zero (7-0) approving the same;
and
WHEREAS, pursuant to the applicable provisions of Section 23-4 of the City Code,
applications for Historic Resource Nominations are processed in accordance with the
procedures set forth for the Designation of Historic Resources, Historic Districts, Multiple
Property Designations, and Archaeological Sites and Zones; and
WHEREAS, on August 7, 2018, NE Apartments Associates, Inc. ("Appellant"), timely
filed an appeal to the City Commission pursuant to Section 23-4(c)(7) of the City Code; and
WHEREAS, based on the testimony and evidence presented, after due notice and an
opportunity to be heard has been afforded to all parties and members of the public, and having
also having heard the presentation of professional staff, the City's Historic Preservation Officer
and argument of counsel there is competent substantial evidence in the record to reverse, the
decision of the HEPB approving the final evaluation of local designation as a historic resource of
the Property, pursuant to Section 23-4 of the City Code; and
WHEREAS, the City Commission has considered the matter and has determined that
the relevant criteria to designate this historic resource on the grounds contained in Resolution
No. HEPB R-18-050 have not been met; and
WHEREAS, for the reasons stated on the record at a public hearing, the City
Commission grants the appeal and reverses the adoption of Resolution No. HEPB-R-18-050 as
it pertains to the appeal for the Property;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
City of Miami Page 1 of 2 File ID: 4637 (Revision: A) Printed On: 12/20/2018
File ID: 4637
Enactment Number: R-18-0465
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The City Commission grants the appeal and reverses the decision of the
HEPB, as set forth in Resolution No. HEPB-R-18-050, and denies the approval of the final
evaluation of local designation as a historic resource of the Property. A copy of this Resolution
shall be furnished to the Appellant and the Historic Officer.
Section 3. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.'
APPROVED AS TO FORM AND CORRECTNESS:
1
i ria i "ndez, i Attor ey 1111/2018
' If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.
City of Miami Page 2 of 2 File ID: 4637 (Revision: A) Printed on: 12/20/2018